Abdur Rofique Khan vs State Of West Bengal & Ors.

This is an application filed by an Assistant Superintendent of "Masui Beria Ainul Alam Senior Madrasah" for his appointment in the post of Teacher‐in‐Charge in the absence of a permanent Superintendent in the said Madrasah.

According to the petitioner, he was appointed as an Assistant Superintendent of Madrasah and by virtue of the said appointment he was entitled to the post of Teacher‐in‐Charge instead of the appointment of the respondent No.9. His next contention is that the respondent No.9 did not have B.Ed qualification and as such he was ineligible for the post of Teacher‐ in‐Charge of the Senior Madrasah.

The learned Advocate appearing on behalf of the managing committee submits that there is no post called Assistant Superintendent in a Senior Madasah. The said post was created by the managing committee. The petitioner is an Assistant Teacher of the Madrasah but the respondent No.9 being the senior‐most teacher having qualification was eligible to be appointed as Teacher‐in‐Charge of the Senior Madrasah.

The learned Advocate appearing for the respondent No.9 submits that his client has a Masters degree in Theology and was appointed as an Assistant Teacher on January 1, 1982 and is the senior‐most teacher in the said Madrasah. As such as per rules, he is entitled to get the said post.

Such submission is also accepted by the learned Advocate appearing for the managing committee of the said Madrasah.

It is seen that the contention of the writ petitioner that he was eligible to be appointed as the Teacher‐in‐Charge by virtue of being Assistant Superintendent cannot be accepted in view of the fact that the Assistant Superintendent is not a post sanctioned in respect of a Senior Madrasah. It is just a nomenclature to the post and does not create any right on to the said post of Teacher‐in‐Charge and the petitioner is claiming the position of the Teacher‐in‐Charge although he is much junior to the respondent No.9.

On the other hand, the respondent No.9 has the educational qualification and also by virtue of being the senior‐most teacher in the said Madrasah is entitled to be the Teacher‐in‐Charge.

The next contention of the petitioner is that the respondent No.9 did not have the B.Ed. degree. As it has been decided in the matter of Pranati Educational & Cultural Trust & Ors. vs. Union of India & Ors. reported in (2014) 8 SCC 1, B.Ed. degree is not an essential qualification for the teachers who are appointed in the Madrasah.

With the above observations, this writ petition stands dismissed.

There will be, however, no order as to costs.

Urgent photostat certified copy of this order be given to the parties on priority basis.